Bill

HR 6095, titled the Export Administration Anti-Discrimination Act, is an anti-boycott bill that imposes criminal sanctions on individuals and entities that boycott countries friendly to the United States or territories controlled by such countries. There is no requirement (as in the Export Administration Act of 1979 that focused on the Arab League boycott) that the boycott be in response to a call to action by a foreign country or any other organization. Individuals who intentionally violate the anti-boycott provisions face fines up to $250,000 or imprisonment of up to 10 years. The bill also prohibits furnishing information about business relationships with countries subject to boycotts and participating in academic boycotts. It creates a private right of action allowing those harmed by prohibited boycotts to seek damages in federal court.

S1 includes the Combating BDS Act of 2019, an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Several courts, however, have blocked state anti-boycott laws over concerns that they suppress constitutionally protected political expression. The Senate passed S 1 in February 2019. An identical bill in the House stalled, despite efforts by House Republicans to force a vote. Previous versions of the Combating BDS Act (HR 2856, S 170, HR 4514, S 2531) failed after activists, media, and civil liberties groups raised constitutional concerns. Related legislation: HR 336.

HR 336 includes the Combating BDS Act of 2019, an anti-boycott bill that purports to authorize state and local legislation prohibiting state investments in or state contracts with entities that engage in boycott, divestment, and sanctions campaigns for Palestinian rights. The bill claims that such measures are not preempted by federal law and defines BDS activities to include boycotts of Israel and persons doing business in Israel or its illegal settlements. Several courts, however, have blocked state anti-boycott laws over concerns that they suppress constitutionally protected political expression. The Senate passed an identical version (S 1) in February 2019. House Republicans have made multiple attempts to force a vote on HR 336 to no avail. Previous versions of the Combating BDS Act (HR 2856, S 170, HR 4514, S 2531) failed after activists, media, and civil liberties groups raised constitutional concerns. Related legislation: S 1. 

S 852 is an antisemitism redefinition bill titled the Anti-Semitism Awareness Act of 2019. This bill directs the U.S. Department of Education to consider the definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA), including the contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The IHRA definition and the problematic contemporary examples falsely conflate political criticism of Israel with antisemitism and are so broad and vague they could encompass virtually all criticism of Israel and Israeli government policies. The bill adds no new legal protections for Jewish students, but will likely be used to justify federal investigations into Palestine activism on campuses. Substantially similar versions of this bill were introduced and failed to pass in 2016 (S 10, HR 6421) and 2018 (S 2940, HR 5924). In December 2019, Donald Trump signed an executive order (EO 13899) adopting this distorted definition. Related legislation: HR 4009 (2019).

HR 4009 is an antisemitism redefinition bill titled the Anti-Semitism Awareness Act of 2019. This bill directs the U.S. Department of Education to consider the definition of antisemitism adopted by the International Holocaust Remembrance Alliance (IHRA), including the contemporary examples related to Israel, when investigating complaints of antisemitism on campuses. The IHRA definition and the problematic contemporary examples falsely conflate political criticism of Israel with antisemitism and are so broad and vague they could encompass virtually all criticism of Israel and Israeli government policies. The bill adds no new legal protections for Jewish students, but will likely be used to justify federal investigations into Palestine activism on campuses. Substantially similar versions of this bill were introduced and failed to pass in 2016 (S 10, HR 6421) and 2018 (S 2940, HR 5924). In December 2019, Donald Trump signed an executive order (EO 13899) adopting this distorted definition. Related legislation: S 852.

HR 5595, titled the Israel Anti-Boycott Act, is an anti-boycott bill that criminalizes participation in boycotts of Israel, singling out international efforts to hold Israel accountable for its illegal settlements. The bill amends the Export Control Reform Act (ECRA) of 2018, a successor to the Export Administration Act of 1979 that targeted the Arab League boycott, to prohibit U.S. entities from complying with or supporting boycotts of Israel fostered or imposed by international governmental organizations. This prohibition includes “furnishing information” for the U.N. Human Rights Council’s database of entities contributing to Israel’s illegal settlements. Violations may be punishable by severe fines, up to $300,000 in civil cases and up to $1 million in criminal cases, though the possibility of prison time included in previous iterations has been removed. 

The bill conflates coercive commercial boycotts—like the Arab League boycott where U.S. companies were forced to boycott Israel as a condition of doing business with other foreign parties—with constitutionally protected political expression in support of Palestinian rights. 

Similar bills failed to pass in the last Congress after multiple revisions (S 720, HR 1697).

HB 279 is an anti-boycott bill that prohibits state contracts with and state investment in companies that boycott Israel or territories occupied by Israel. For contracts worth more than $50,000, contractors must provide written certification that they are not and will not for the duration of the contract engage in boycotts of Israel. 

AB 553 is an anti-boycott law that prohibits state contracts valued at $100,000 or more with companies, including sole proprietorships, that boycott Israel or territories it occupies. Contractors must provide written certification that they are not and will not for the duration of the contract engage in such boycotts. It also prohibits state agencies or local governmental units from boycotting Israel, a provision aimed at discouraging divestment campaigns at public universities. The legislation codifies and narrows the governor’s 2017 executive order (EO 261). Related legislation: SB 450.

SB 450 is an anti-boycott bill that prohibits state contracts with persons that boycott Israel or territories it occupies. Contractors must provide written certification that they are not and will not for the duration of the contract engage in such boycotts. It also prohibits state agencies or local governmental units from boycotting Israel, a provision aimed at discouraging divestment campaigns at public universities. An amendment changed “persons” to “companies,” defined as including sole proprietorships, and limited the application of the bill to contracts valued at $100,000 or more. Related legislation: AB 553 (passed).

HB 4674 is an anti-boycott bill that prohibits state contracts with and state investment in companies, including sole proprietorships, that boycott Israel or persons or entities doing business in Israel or territories it occupies. Contractors must provide written certification that they are not and will not for the duration of the contract engage in such boycotts. The bill also calls for the creation of a blacklist of companies that boycott Israel and requires the state treasurer and state retirement systems to divest from companies on the list. HB 4674 also prohibits public entities from adopting policies that have “the effect of inducing or requiring a person or company to boycott Israel,” in an effort to target divestment or other BDS campaigns at public universities.